¶1 The object of the statute in providing for the entry of the judgment here on transcript after a return of nulla bona to a fi. fa. issued by the justice of the peace, on the judgment, is to make it a lien on the real estate of the defendant, if he has any, and to give the plaintiff an execution against the lands of the defendant, which he had not below, and not against his goods, which he had below. The transcript of the execution and return of nulla bona filed of record here, was equivalent under the circumstances and according to the operation and design of the statute, to a return of nulla bona on a fi.fa. issued out of this court in the case, because it appears by the record that there were no goods; and such must be presumed to be the fact, unless the contrary were shown. The execution is therefore regular, and the motion must be refused.
7 Del. 39
Daniels v. Alexander.
Decided July 5, 1858
Superior Court of Delaware · decided 1858-07-05
<p>A fi, fa. without clause to levy on goods, and levied on the lands of the defendant, issued out of court on a duly certified transcript of a judgment, execution and return of nulla bona thereon before a justice of the peace, filed.in court, is regular. They?, fa. and return of nulla bona below, is equivalent to the same return on a f. fa. against the goods issued on the transcript out of court, and no goods will therefore be presumed, unless the contrary is shown.</p>
Decided 1858-07-05